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Can U.S. authorities access your data without a Canadian judge?

As Bill C-22 advances through the Senate, Ottawa's undisclosed data-sharing talks with Washington raise privacy and sovereignty concerns.

Alex Dhaliwal
Oct 26, 2026
∙ Paid
Source: X (Gary Anandasangaree)

Ottawa is negotiating a deal with Washington that would allow U.S. authorities to obtain Canadians’ private data from U.S.-based tech companies without a Canadian judge’s approval.

The discussions relate to, though are separate from, the Carney government’s Bill C-22 (the Lawful Access Act, 2026). That bill passed the House of Commons on June 18 despite considerable criticism and is now before the Senate.

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The Privacy Commissioner of Canada has confirmed that Ottawa and Washington have been in discussions since 2022.

The existing U.S. CLOUD Act already permits U.S. authorities to obtain court orders for data held by certain U.S. companies even if that data is stored in Canada.

Bill C-22 would let foreign authorities seek Canadians’ phone and account records through Canadian courts. Canada’s Privacy Commissioner says the changes could also help Ottawa reach a separate data-sharing deal with Washington under the U.S. CLOUD Act.

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